The Laws of Succession in India
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By Ms Pinki
Law of succession are the statuary rules about
the inheritance of a dead person’s property.
Will is the primary method to decide who will
inherit my property but other methods like;
gift deed, joint ownership, partnership
arrangements, pensions, provident funds and
life assurance in its different forms are
also
there.
Testamentary succession
Non-Testamentary Succession
1.
Constitution
2.
Legislations
◦
Indian Succession Act, 1925
◦
Hindu Succession Act 1956
◦
Muslim Personal Law (Shariat) Application Act, 1937
◦
Special Marriage Act, 1954.
3. Customs
India do not have uniform civil code, every
religion or sects maintains special provisions
Acts and Laws or customs related to most civil
concerns so for succession also.
The law on testate succession is governed by the
Indian Succession Act, 1925
for all communities
except
Muslims.
Hindus, Sikhs, Jains and Buddhist
; for the non-
testamentary or intestate succession/inheritance,
the governing law is the
Hindu Succession Act,
1956.
Hindus, Sikhs, Jains and Buddhist
; for the non-
testamentary or intestate succession/inheritance, the
governing law is the
Hindu Succession Act, 1956.
Laws of succession applicable to
Parsis
; Indian
Succession Act, 1925 specifically under section 50 to
56 of the Indian Succession Act, 1925.
Laws of succession applicable to
Christians and Jews
;
Indian Succession Act, 1925 specifically under section
31 to 49 of the Act.
Laws of succession governing
Muslims
; for non-
testamentary succession Muslim Personal Law
(Shariat) Application Act, 1937 is applicable
Muslim has died testate, the issue has to be
governed under the Indian Succession Act, 1925
Laws of succession in case of
inter faith marriages
,
under Special Marriage Act, 1954.
Adult
Unborn Child
Minor
Lunatic
Government
Heir means any person, male or female, who is
entitled to succeed to the property of an intestate
under this Act
Main classes of heirs
1)
Class I
2)
Class II
Subcategories
1.
Agnates
2.
Cognates
3.
“Full blood”, “half blood” and “uterine blood”
(a) Firstly, upon the heirs, being the relatives
specified in class I of the Schedule;
(b) Secondly, if there is no heir of class II then upon
the heirs, being the relatives specified in class II of
the Schedule;
(c) Thirdly
,
if there is no heir of any of the two
classes, then upon the agitates of the deceased; and
(d) Lastly, if there is no agnate, then upon the
cognates of the deceased.
Under Section 10 of Hindu Succession Act
1956 class I heirs are;
Wife or Wives
Mother
Son
Daughter
Children of Predeceased Son or Daughter
Wives or husbands of predeceased Son and
daughters
Class II heirs.
Father
Son’s
daughter’s son/daughter, brother & sister
Daughter’s son’s son/daughter, daughter’s
daughter’s son/daughter.
Brother’s son/ daughter & sister’s son/daughter
Father’s father/mother
Father’s widow & brother’s widow
Father’s brother/sister
Mother’s father/mother
Mother’s brother/sister
If a Hindu female dies without a Will, her
property would be distributed as follows:
Son, daughter ( including the children of
pre-deceased son/daughter) & husband
Heirs of her husband
Her mother & father
Heirs of her father
Heirs of her mother
In case of a Hindu female dies intestate and
without any issue or any children or any
predeceased children, any property inherited
by her from her parents shall not devolve
upon her husband or his heirs but revert to
her natal family.
Hindu female dies intestate and without any
issue or any children or any predeceased
children, then any property inherited by her
from her husband or her father-in- law
devolves upon the heirs of her husband.
Any person who commits murder is
disqualified from receiving any form of
inheritance from the victim.
Conversion.
Widow Remarrying.
The Muslim law of succession is a codification of
the four sources of Islamic law, which are
(1)
The Holy Koran,
(2)
(2) The Sunna — that is, the practice of the
Prophet,
(3)
(3) The Ijma — that is, the consensus of the
learned men of the community on what should
be the decision on a particular point.
(4)
(4) The Qiya — that is, an analogical deduction
of what is right and just in accordance with the
good principles laid down by God.
Differences from Hindu Law
No distinction between Moveable or
immoveable property
No right to property unless the proprietor
dies
No application of principle of Representation
Female has equal right as of man but her
share is always half than the man heir’s
share.
Muslim law, the illegitimate child has no right
to inherit property through the father
Muslim law recognizes two types of heirs, the
first being Sharers, and the second being
Residuaries.
Sharers are 12 in number and are as follows:
(1) Husband, (2) Wife, (3) Daughter, (4)
Daughter of a son (or son's son or son's son's
son and so on), (5) Father, (6) Paternal
Grandfather, (7) Mother, (8) Grandmother on
the male line, (9) Full sister (10) Consanguine
sister (11) Uterine sister, and (12) Uterine
brother.
No widow is excluded from succession. A
childless Muslim widow is entitled to one-fourth
of the property.
a widow who has children or grandchildren is
entitled to one-eighth of property.
If a Muslim man marries during an illness and
subsequently dies of that medical condition
without brief recovery or consummating the
marriage, his widow has no right of inheritance.
But if her ailing husband divorces her and
afterwards, he dies from that illness, the widow's
right to a share of inheritance continues until she
remarries.
A will made by a Hindu, Buddhist, Sikh or Jain
is governed by the provisions of the Indian
Succession Act, 1925 but not for the
Muslims.
Competency to make will:
The testator should be
Major
Sound Mind
Rightful Owner
Since 2005 after a new legislation girls also
have equal share in the property of their
father.
Grandsons have the direct right in the
property of their grandfather even more than
their fathers.
A child without marriage can inherit property
of his father but not the mother of child will
inherit any property.
The laws of succession in India govern how a deceased person's property is inherited. Various methods such as wills, gift deeds, joint ownership, and partnership arrangements determine inheritance. Different laws apply to different communities like Hindus, Muslims, Parsis, Christians, and Jews. The Indian Succession Act, Hindu Succession Act, and Muslim Personal Law are some key legislations regulating succession. Heirs are classified into different categories based on relationship proximity. The absence of a will leads to intestate succession.
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Presentation Transcript
Law of succession are the statuary rules about the inheritance of a dead person s property. Will is the primary method to decide who will inherit my property but other methods like; gift deed, joint ownership, partnership arrangements, pensions, provident funds and life assurance in its different forms are also there. Testamentary succession Non-Testamentary Succession
1. Constitution 2. Legislations Indian Succession Act, 1925 Hindu Succession Act 1956 Muslim Personal Law (Shariat) Application Act, 1937 Special Marriage Act, 1954. 3. Customs
India do not have uniform civil code, every religion or sects maintains special provisions Acts and Laws or customs related to most civil concerns so for succession also. The law on testate succession is governed by the Indian Succession Act, 1925 for all communities except Muslims. Hindus, Sikhs, Jains and Buddhist; for the non- testamentary or intestate succession/inheritance, the governing law is the Hindu Succession Act, 1956.
Hindus, Sikhs, Jains and Buddhist; for the non- testamentary or intestate succession/inheritance, the governing law is the Hindu Succession Act, 1956. Laws of succession applicable to Parsis; Indian Succession Act, 1925 specifically under section 50 to 56 of the Indian Succession Act, 1925. Laws of succession applicable to Christians and Jews; Indian Succession Act, 1925 specifically under section 31 to 49 of the Act. Laws of succession governing Muslims; for non- testamentary succession Muslim Personal Law (Shariat) Application Act, 1937 is applicable Muslim has died testate, the issue has to be governed under the Indian Succession Act, 1925 Laws of succession in case of inter faith marriages, under Special Marriage Act, 1954.
Adult Unborn Child Minor Lunatic Government
Heir means any person, male or female, who is entitled to succeed to the property of an intestate under this Act Main classes of heirs 1) Class I 2) Class II Subcategories 1. Agnates 2. Cognates 3. Full blood , half blood and uterine blood
(a) Firstly, upon the heirs, being the relatives specified in class I of the Schedule; (b) Secondly, if there is no heir of class II then upon the heirs, being the relatives specified in class II of the Schedule; (c) Thirdly, if there is no heir of any of the two classes, then upon the agitates of the deceased; and (d) Lastly, if there is no agnate, then upon the cognates of the deceased.
Under Section 10 of Hindu Succession Act 1956 class I heirs are; Wife or Wives Mother Son Daughter Children of Predeceased Son or Daughter Wives or husbands of predeceased Son and daughters
Class II heirs. Father Son s daughter s son/daughter, brother & sister Daughter s son s son/daughter, daughter s daughter s son/daughter. Brother s son/ daughter & sister s son/daughter Father s father/mother Father s widow & brother s widow Father s brother/sister Mother s father/mother Mother s brother/sister
If a Hindu female dies without a Will, her property would be distributed as follows: Son, daughter ( including the children of pre-deceased son/daughter) & husband Heirs of her husband Her mother & father Heirs of her father Heirs of her mother
In case of a Hindu female dies intestate and without any issue or any children or any predeceased children, any property inherited by her from her parents shall not devolve upon her husband or his heirs but revert to her natal family. Hindu female dies intestate and without any issue or any children or any predeceased children, then any property inherited by her from her husband or her father-in- law devolves upon the heirs of her husband.
Any person who commits murder is disqualified from receiving any form of inheritance from the victim. Conversion. Widow Remarrying.
The Muslim law of succession is a codification of the four sources of Islamic law, which are (1) The Holy Koran, (2) (2) The Sunna that is, the practice of the Prophet, (3) (3) The Ijma that is, the consensus of the learned men of the community on what should be the decision on a particular point. (4) (4) The Qiya that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.
Differences from Hindu Law No distinction between Moveable or immoveable property No right to property unless the proprietor dies No application of principle of Representation Female has equal right as of man but her share is always half than the man heir s share. Muslim law, the illegitimate child has no right to inherit property through the father
Muslim law recognizes two types of heirs, the first being Sharers, and the second being Residuaries. Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
No widow is excluded from succession. A childless Muslim widow is entitled to one-fourth of the property. a widow who has children or grandchildren is entitled to one-eighth of property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries.
A will made by a Hindu, Buddhist, Sikh or Jain is governed by the provisions of the Indian Succession Act, 1925 but not for the Muslims. Competency to make will: The testator should be Major Sound Mind Rightful Owner
Since 2005 after a new legislation girls also have equal share in the property of their father. Grandsons have the direct right in the property of their grandfather even more than their fathers. A child without marriage can inherit property of his father but not the mother of child will inherit any property.
